Terms of Service for Publishers (e.g. Teachers or School Staff)

Parent Hub is a trading name of Nexus Software Platforms Limited, a company registered in England and Wales under registered company number 08692512.

Please read these terms of use (the “Agreement”) carefully before using the Parent Hub services or software (the “Services”) offered by Nexus Software Platforms Limited (“Parent Hub”, “We” or “Us”). This is a binding agreement between you and us. By accessing or using the Services in any manner, you agree that you have read and agree to be bound by the terms and conditions of this agreement to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of the agreement, you may not use the Services.

Parent Hub may disable or terminate your account if you breach any part of this Agreement. We reserve the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

This Agreement includes the terms in this document, as well as any policies that are mentioned, including Parent Hub’s Privacy Policy and Sub-Processor Policy.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

WHAT IS PARENT HUB?

Parent Hub is a communications platform that helps educators send messages to parents, guardians and other school stakeholders. Parent Hub can be used with or without integration with a school’s Management Information System, the latter subject to the terms set out in our Data Sharing Agreement for Schools.

You, as a user of Parent Hub, are classified into one or both of two broad categories:

Users of our Services who can send messages to others are known for the purpose of this Agreement as “Publishers”. Typically, Publishers are educators or administrators of a school, nursery, club, group or team with a requirement to communicate with a set of stakeholders.

Users of our Services who receive correspondence from a Publisher are known for the purpose of this Agreement as “Subscribers”. Typically, Subscribers are parents, guardians or other stakeholders with whom a Publisher requires to communicate.

This Agreement applies to all persons who use our Services as a Publisher. The Agreement for Subscribers can be found HERE.

CHANGES TO THIS AGREEMENT

We constantly try to improve our Services, adding new features and updating existing ones, and so we may update this Agreement as we offer these new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services.

Your use of the Services in any way following notification by Parent Hub constitutes your acceptance of the terms and conditions as modified.

We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We’ll provide you notice when we make a material change to the Services that would adversely affect you.

YOUR PRIVACY

We take the privacy of our users very seriously. Please read our Privacy Policy, which outlines what personal information Parent Hub collects from you and how we use that information to provide our service.

FEES AND PAYMENTS

Access to and use of Parent Hub itself is free, but we do offer additional features that may require fees. Parent Hub reserves the right to charge fees for certain features. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features.

From time to time, Parent Hub may offer free trials of certain features for a certain period. You will always have the choice whether to opt in to any free trial and will be notified of the trial end date and any subsequent fees. If you opt in to a free trial and continue to use any service or feature after the end of that trial period, that use constitutes your acceptance of any associated fees.

Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.

USING PARENT HUB

You can use the Services as a Publisher to create and/or join messaging groups (“Channels”) and/or schools, nurseries, clubs or teams (“Organisations”). After creating or joining one or more Channels or Organisations you can then send messages to Subscribers. The Services may also provide additional features and, as stated earlier in these terms, features of the Services are subject to change.

You may only use the Services for your own personal, non-commercial (meaning, you may not attempt to derive any source of income from your use of the Services) use and only in accordance with the terms of this Agreement and all laws that apply to you. Parent Hub is not responsible for your use of the Services in any way that breaks the law.

Registering for Parent Hub

As a condition to using the Services, you will be required to register with Parent Hub by providing your name, a valid email address and by selecting a password. You will provide us with accurate, complete, and updated registration information. You may not:

Select or use the name or email of another person with the intent to impersonate that person; or

Provide a false name; or

Use a name subject to any rights of any person other than you without appropriate authorisation.

By registering for Parent Hub, you represent and warrant to Parent Hub that:

You are at least 18 years old;

All registration information you submit is accurate and truthful;

You will maintain the accuracy of such information.

We reserve the right to refuse your registration for Parent Hub or to suspend or terminate your Parent Hub account in our sole discretion.

Account Security

You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of Parent Hub.

Inviting People

The Services allow you to invite other people to become Publishers or Subscribers.

If you invite or add anyone to use Parent Hub and/or use any feature of the Services to share personal information of anyone, you represent and warrant that you have obtained consent from each person to:

Provide that person’s personal information to Parent Hub;

Receive an invitation and be added to the Services; AND

Receive messages from:

You;

Parent Hub;

Other Publishers who have access to your Channels; AND

Other Publishers at your Organisation.

Inviting Subscribers

The Services allow you to invite and/or add Subscribers to your Channels or Organisations.

You must only invite and/or add Subscribers whom you have a requirement to communicate with in relation to the Organisation(s) and/or Channel(s) you want them to join.

It’s your responsibility to maintain and monitor the accuracy of the list of Subscribers for your Channel(s) and/or for your Organisation(s).

You can invite Subscribers to your Channels or Organisations by distributing “Channel Codes” and/or “School Handles”. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your lists of Subscribers carefully.

Inviting Publishers

The Services allow you to invite and/or add Publishers your Channels or Organisations.

You must only invite and/or add Publishers who you know to have a legitimate reason for communicating with the list of Subscribers associated with your Organisation(s) and/or Channel(s).

It’s your responsibility to maintain and monitor the accuracy of the list of Publishers for your Channel(s) and/or for your Organisation(s).

Creating an Organisation

The Services may allow you to communicate on behalf of your school, other educational establishment, club, group or team (“Organisation”).

If you create an Organisation within the Service, you represent and warrant that you are authorised to do so on the Organisation’s behalf and bind the Organisation to this Agreement. In this case, the references to “you” and “your” in these Terms, except for in this sentence, refer to the Organisation as well as to you. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.

We may contact you or the Organisation in order to confirm that you have the necessary authority to create the Organisation in the Services. We retain the right, without prior warning, to refuse your creation of the Organisation or to remove the Organisation from the Services or to suspend or cease your access to the Organisation.

Administering an Organisation

The creator of an Organisation assumes the role of Administrator for that Organisation. The Administrator may also assign the Administrator role to other Publishers within the Organisation.

If you are an Administrator, either as a result of creating an Organisation or being assigned the Administrator role by another Administrator you assume responsibility for:

Maintaining the accuracy of the information relating to your Organisation;

Ensuring that only those people who are current employees or affiliates of your Organisation can use the Services at your Organisation. Upon termination of a Publisher’s employment or involvement with the Organisation, you will remove such individual from the Organisation in the Services.

Ensuring that only authorised Publishers are given the Administrator role.

Only accept Publisher requests to join the Organisation if you know the requestor to be affiliated with your Organisation.

As an Administrator you may be able to upload or sync information relating to Publishers, Subscribers, staff members, students, student contacts, classes and/or groups using a data upload or syncing mechanism (such as, using CSV upload or through integration with your School Management Information Systems (MIS)).

If you choose to do any of the above, you represent and warrant that you have all rights and have obtained all consents and authorisations necessary to perform such tasks. Parent Hub may use the information you upload to the Services in order to verify Publishers’ and Subscribers’ affiliations with the Organisation and otherwise to help us provide you with the Services. Our Data Sharing Agreement for Schools can be found HERE.

Joining an Organisation

You may be invited to join or request to join an Organisation. If you join an Organisation then you understand that the other Publishers affiliated with the Organisation may be able to:

View your Parent Hub account profile;

Access, amend or remove any messages you have sent through Parent Hub;

Join your Channels affiliated with the Organisation;

Add, amend or remove your membership of Channels affiliated with the Organisation, including those which you created;

Remove you from the Organisation; and/or

Take other actions relating to your access and use of the Services through the Organisation

Sending Messages

Anything you post (send), upload, share, store or otherwise provide through the Services is, together with any related intellectual property rights, your “User Submissions.” You retain ownership of all of your User Submissions.

In order to provide you with the Services, Parent Hub needs to access and use your User Submissions in certain ways. You hereby grant Parent Hub a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right and licence to use your User Submissions for any purpose related to providing and/or improving the Services.

Because your User Submissions may be viewed or accessed by other Parent Hub users, you grant other Parent Hub users a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable right and licence to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services (for example, when you send a message through the Services, the recipients of your message may be able to save, copy, edit and store that message).

All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated. Parent Hub will not be liable for any errors or omissions in any Content.

You warrant, represent and agree that you will not contribute any User Submissions or otherwise use (or encourage anyone else to use) the Services in a manner that:

Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;

Jeopardises the security of your account in any way, such as allowing someone else access to your account or password;

Attempts, in any manner, to obtain the password, account, or other security information from any other user;

Violates the security of any computer network, or cracks any passwords or security encryption codes;

Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

“Crawls,” “Scrapes,” or “Spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

Copies or stores any significant portion of the Content;

Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Parent Hub’s third-party service providers).

You, not Parent Hub, remain solely responsible for all Content that you upload, post (send), transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to Parent Hub and to grant Parent Hub the rights to use such information as provided herein.

Accessing Parent Hub Content

All material available on the Services including but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions and so forth is collectively known as the “Content”. Copyright and other intellectual property laws may protect all Content.

You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:

Without the express prior written consent of the respective owners, and

In any way that violates anyone else’s (including Parent Hub’s) rights.

Parent Hub reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if Parent Hub is concerned that you may have breached the foregoing restrictions), or for no reason at all.

CONSENT TO RECEIVE MESSAGES FROM PARENT HUB

As part of the Services, you may receive communications through the Services, including messages that Parent Hub sends you (for example, via email or SMS).

If you add or invite a Subscriber or Publisher to a Channel or Organisation, that person may receive a welcome message and/or instructions on how to register for Parent Hub. We may also send reminder messages to these same people who have not acted on the invite that they have received. We may also send other administrative messages to these same people. The foregoing applies also for messages you receive as a result of being invited to any Channel or Organisation.

By signing up for the Services, you agree to receive communications from Parent Hub as well as other Publishers, and you represent and warrant that each person you invite and/or add has consented to receive communications from you and Parent Hub.

SUB-PROCESSORS

Parent Hub uses certain subcontractors, third-parties or content delivery networks (together, the “Sub-Processors”) to assist it in providing the Services as described in this Agreement. In some instances, it is necessary for us to share data with those Sub-Processors. A full list of our Sub-Processors, their function with relation to Parent Hub and an explanation of the data we share can be found in our Sub-Processor Policy.

Your acceptance of this Agreement constitutes your acceptance of our sharing of data with these Sub-Processors for the reasons explained in our Sub-Processor policy. If you do not agree to the sharing of data with any of the Sub-Processors mentioned in our Sub-Processor policy, you may reject this Agreement but unfortunately you will not be able to use the Services.

THIRD PARTY SERVICE PROVIDERS

The Services may contain links to third party websites, products or services (such as YouTube, Twitter etc.) that are not owned or controlled by Parent Hub, including any Sub-Processors (together the “Third-Party Services”). When you access Third-Party Services, you do so at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service that you visit or use.

Parent Hub has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. By using the Services, you expressly relieve and hold harmless Parent Hub from any and all liability arising from your use of any Third-Party Services.

DISPUTES

If there is a dispute between Parent Hub users, or between Parent Hub users and any third party, you understand and agree that Parent Hub is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Parent Hub, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

WARRANTY AND DISCLAIMER

Parent Hub has no special relationship with or fiduciary duty to you. You acknowledge that Parent Hub has no control over, and no duty to take any action regarding:

Which users gains access to the Services;

What Content you access via the Services;

What effects the Content may have on you;

How you may interpret or use the Content; or

What actions you may take as a result of having been exposed to the Content.

You release Parent Hub from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites or Third-Party Services containing information that some people may find offensive or inappropriate. Parent Hub makes no representations concerning any Content contained in or accessed through the Services, and Parent Hub will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

Parent Hub makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services.

The Services, Content, and any additional software are provided on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.

INDEMNITY

To the fullest extent allowed by applicable law, you will indemnify and hold Parent Hub, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

To the fullest extent allowed by applicable law, in no event will Parent Hub or its Sub-Processors or suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Services or this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory:

For any amount in the aggregate in excess of any monies paid by you to Parent Hub directly for use of the Services during the 12-month period preceding the applicable claim;

For any indirect, incidental, punitive, or consequential damages of any kind whatsoever;

For data loss or cost of procurement of substitute goods or services; or

For any matter beyond Parent Hub’s reasonable control.

TERMINATION

This Agreement will remain in full force and effect while you use the Services.

Note, if you become a Publisher through an Organisation, and you request that Parent Hub terminate your account, we may notify the Organisation’s Administrators of your termination request.

Parent Hub may disable or terminate your access to the Services or your account at any time, for any reason and without warning or notice, which may result in the removal of all information associated with your account.

Upon termination of your account, your right to use the Services and any Content will immediately cease; however, Parent Hub may retain messaging data and/or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law.

Digital deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted (for example from back-ups) over time as defined in our Data Retention Policy. Remember that communications with others in which you participated may remain available to those other users.

All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

OTHER TERMS

The failure of either party (you or us) to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder.

Parent Hub will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Parent Hub’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, or the failure or degradation of any Sub-Processor or Third-Party Service.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sublicensable by you except with Parent Hub’s prior written consent. Parent Hub may transfer, assign or delegate this Agreement and its rights and obligations without consent.

Both parties (you and us) agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Parent Hub in any way whatsoever.